Taylor v. Home Depot U.S.A., Inc.

Filing 12

STIPULATION AND ORDER TO DISMISS signed by Judge Morrison C. England, Jr on 1/12/2010 ORDERING that this action be dismissed with prejudice, with each party to bear its own attorney's fees and costs to achieve said dismissal.The Clerk is hereby directed to close the file. This Court shall retain jurisdiction only to enforce this Stipulation and the agreed upon resolution of this case which has been reached by the parties regarding the disposal of this matter. CASE CLOSED. (Matson, R)

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1 2 3 4 5 6 7 8 9 10 11 PAYNE & FEARS LLP ANDREW J. JARAMILLO, Bar No. 198303 JAMES T. CONLEY, Bar No. 224174 SHEELA H. SHAH, Bar No. 239982 4 Park Plaza, Suite 1100 Irvine, CA 92614 Telephone: (949) 851-1100 Facsimile: (949) 851-1212 E-Mail: ajj@paynefears.com Attorneys for Defendant HOME DEPOT U.S.A., Inc. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION JEANETTE TAYLOR, Plaintiff, v. HOME DEPOT U.S.A., INC and LINDA DURRER, and DOES ONE through FIFTY, Defendant. CASE NO. 2:08-CV-2664 STIPULATION AND ORDER TO DISMISS ENTIRE ACTION WITH PREJUDICE PAYNE & FEARS LLP 12 4 PARK PLAZA, SUITE 1100 IRVINE, CA 92614 (949) 851-1100 ATTORNEYS AT LAW 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Trial Date: February 22, 2011 WHEREAS plaintiff filed her original complaint for damages on May 23, 2008 in the California Superior Court, County of Butte. WHEREAS plaintiff filed her first amended complaint on or around August 11, 2008 in the California Superior Court, County of Butte. WHEREAS plaintiff dismissed individual defendant Linda Durrer, without prejudice on October 14, 2008. PDF created with pdfFactory trial version www.pdffactory.com STIPULATION AND ORDER TO DISMISS 1 2 3 4 5 6 7 8 9 10 11 WHEREAS plaintiff filed her second amended complaint on or around October 28, 2008 in the California Superior Court, County of Butte. WHEREAS Home Depot U.S.A., Inc removed the state court action to The United States District Court, Eastern District of California, on November 6, 2008. WHEREAS on or around October 8, 2009, Home Depot U.S.A., Inc and Plaintiff entered into a complete and full settlement agreement that resolved all issues in the original complaint, and the first amended complaint, between her and Home Depot and its agents, including the individual defendant Linda Durrer. PAYNE & FEARS LLP 12 4 PARK PLAZA, SUITE 1100 IRVINE, CA 92614 (949) 851-1100 NOW THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff Jeanette Taylor ("Taylor") and Defendant Home Depot U.S.A., Inc. ("Home Depot"), by and through their counsel of record, that all claims for relief in the above-captioned action brought by Taylor be and hereby are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). ATTORNEYS AT LAW 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS FURTHER STIPULATED that the parties agree to bear their own costs and attorneys' fees. DATED: October _27, 2009 PAYNE & FEARS LLP By: /s/ ANDREW J. JARAMILLO JAMES T. CONLEY Attorneys for Defendant HOME DEPOT U.S.A., INC. 2 STIPULATION AND ORDER TO DISMISS PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 DATED: November 2, 2009 LAW OFFICE OF STEPHAN R. WATTENBERG By: /s/ STEPHAN R. WATTENBERG Attorneys for Plaintiff JEANETTE TAYLOR ORDER AND DISMISSAL WITH PREJUDICE On reading and filing the Joint Stipulation of the parties hereto for dismissal with prejudice of the entire action, and good cause appearing therefore, PAYNE & FEARS LLP 12 4 PARK PLAZA, SUITE 1100 IRVINE, CA 92614 (949) 851-1100 IT IS HEREBY ADJUDGED, ORDERED and DECREED that this action be dismissed with prejudice, with each party to bear its own attorney's fees and costs to achieve said dismissal. The Clerk is hereby directed to close the file. This Court shall retain jurisdiction only to enforce this Stipulation and the agreed upon resolution of this case which has been reached by the parties regarding the disposal of this matter. ATTORNEYS AT LAW 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: January 12, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 3 STIPULATION AND ORDER TO DISMISS PDF created with pdfFactory trial version www.pdffactory.com

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